Leon Lee Smith, Sr. v. James H. Gomez, People of California

988 F.2d 121 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Leon Lee SMITH, Sr., Plaintiff-Appellant, v. James H. GOMEZ, People of California, Defendant-Appellee. No. 92-15962. United States Court of Appeals, Ninth Circuit. Submitted Jan. 27, 1993. * Decided Feb. 12, 1993. Appeal from the United States District Court for the Eastern District of California, No. CV-92-00181-EJG; Edward J. Garcia, District Judge, Presiding. E.D.Cal. AFFIRMED. Before REINHARDT, CYNTHIA HOLCOMB HALL and LEAVY, Circuit Judges. 1 MEMORANDUM ** 2 California state prisoner Leon Lee Smith appeals pro se the district court's dismissal of his 42 U.S.C. § 1983 action without prejudice under Fed.R.Civ.P. 41(b) for failure to file a second amended complaint as directed by the court. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 1 3 We review the district court's dismissal under Rule 41(b) for abuse of discretion. See West Coast Theater Corp. v. City of Portland, 897 F.2d 1519,…